DUI/OVI Tips, Misconceptions and Mistakes

Posted By
DiCaudo, Pitchford & Yoder

Can I be charged even though I am not driving?

There is some confusion over what “operating a vehicle” exactly
means. If you have one too many drinks and think it is safer to sleep
in your car than try to drive home, it is ok to sleep in the back seat
but put the keys in the front. This way you cannot attain physical control
of the car. If you are in the front seat with the keys in your pocket
and the car isn’t even on, this is still seen as being able to attain
physical control and could get you into trouble. This also includes if
the police think you drove the vehicle. For example, if you are on a back
road or stop at a rest stop on the highway, the police can say that you
operated the vehicle to get there and therefore drove while under the
influence.

If you have been charged with a DUI/OVI, your life is changed forever.

Most people have never been arrested before, been handcuffed, and put in
the back of a police car. This can all be very scary for those people.
Just because you have been arrested for a DUI/OVI, does not mean that
all hope is lost. There are several defenses and options available to
reduce the punishments or have the case dropped. Improper handling of
evidence, incorrectly filling out paperwork, and the lack of probable
cause can all lead to a case being dropped.

Do I have to perform the field sobriety test?

No. You do not have to perform the field sobriety test when asked. Chances
are that you will not pass if you do take them. It will only give law
enforcement ammuniation to use against you after you have been charged.
Many people think they would pass when in fact they do not. These tests
are not as easy as your buddy in the passenger seat may suggest. There
is no penalty for refusing to take the test. In addition to being able
to refuse the field sobriety test, it cannot be used as probable cause
to arrest you for an OVI.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.